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STEEL TECHNOLOGIES INC. v. CONGLETON

No. 2005-SC-000551-DG.

234 S.W.3d 920 (2007)

STEEL TECHNOLOGIES, INC. Appellant, v. Jason CONGLETON (Individually; in his Capacity as Administrator for the Estate of Melissa Congleton; and in his Capacity as Parent and Next Friend of Jacob and Samantha Congleton) Appellees.

Supreme Court of Kentucky.

Rehearing Denied November 1, 2007.

Attorney(s) appearing for the Case

Charles S. Cassis, Stockard R. Hickey, III, Frost, Brown & Todd, Louisville, Counsel for Appellant.

Meredith L. Lawrence, Warsaw, Counsel for Appellees.

Joe C. Savage, Cory Michael Erdmann, Savage, Elliott, Houlihan, Moore, Mullins & Erdmann, Lexington, Counsel for Amicus Curiae, Kentucky Academy of Trial Attorneys.

F. Larkin Fore, Sarah Megan Fore, Fore, Miller & Schwartz, Louisville, Counsel for Amicus Curiae, Trucking Industry Defense Association.

Opinion of the Court by Justice NOBLE.

In this wrongful death action, the Gallatin County Circuit Court jury returned a significant verdict awarding damages for wrongful death, loss of parental consortium, and pre-impact fright against Appellant Steel Technologies, Inc. The jury also awarded punitive damages. Steel Technologies challenges the loss of parental consortium award as being unsupported by the evidence; the pre-impact fright damages as being unavailable...

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